| (a) Definition. The following term, when used in this
section, shall have the following meaning: Unit Agreement--A unit
accounting agreement or a trust agreement forming a unit.
(b) A trust agreement forming a unit must contain all
required elements of a unit accounting agreement as specified under §2001.431(3)
of the Act.
(c) Prior to operating as a unit, the unit must submit
to the Commission a Texas Notice of Unit Accounting form and a copy
of the executed unit agreement.
(d) Organizations may not act as a unit until all member
organizations are licensed.
(e) A designated agent or unit manager must submit
a Texas Notice of Change for Accounting Unit form and an amended unit
agreement to the Commission seven calendar days prior to the date
of a change in unit management.
(f) A unit may appoint a designated agent who must
be a natural person.
(1) A designated agent for a unit must be current in
the training required under §2001.107 of the Act and §402.103
of this title (relating to Training Program).
(2) A bookkeeper may be a business contact for a commercial
lessor and a designated agent for an accounting unit provided that
the bookkeeper is not an employee of the commercial lessor.
(g) The original unit or trust agreement must contain
the following information:
(1) the unit member's taxpayer name which is the name
on the organization's organizing instrument or the name of the organization
as stated on its license to conduct bingo;
(2) the eleven-digit taxpayer number on file with the
Commission;
(3) the designated agent information;
(4) the trustee organization if a trust agreement;
(5) whether inventory was transferred to the unit;
(6) the street address where the records of a dissolved
unit will be maintained for the required four year retention period
unless the unit agreement specifies that each unit member will receive
a copy of the unit records;
(7) the method by which net proceeds and charitable
purpose disbursements will be apportioned among the members;
(8) the length of time allowed for the distribution
of funds, records, and inventory and allocation of authorized expenses
and liabilities on dissolution or withdrawal of a member of the unit;
(9) the method of determining the amount of payment
for inventory or disposition of inventory for dissolution or withdrawal
of a member of the unit; and
(10) a unit agreement must be signed by the unit member
organization's bingo chairperson or other officer or director.
(h) An organization joining a unit and possessing inventory
must provide to the Commission a complete list of the inventory it
has transferred to the unit within thirty (30) calendar days of joining
the unit. It is the responsibility of the organization to ensure that
the Commission timely received the inventory list.
(i) A written inventory of bingo equipment and supplies
must include the following:
Attached Graphic
(j) Amendment to a unit agreement must contain:
(1) name of the unit;
(2) effective date of the change;
(3) specific section of the unit agreement being changed;
(4) new terms of the agreement which are in compliance
with the Act and the Rules;
(5) signature of the bingo chairperson or other officer
or director for each of the current unit members; and
(6) statement which binds the amendment to the original
unit agreement creating one document unless the entire unit agreement
is re-stated.
(k) A unit must submit an amended unit agreement within
thirty (30) calendar days of the effective date of any change to the
Act or the Rules which would affect the agreement's compliance with
the new Act or Rules.
(l) If a unit agreement or an amendment to a unit agreement
is found not to be in compliance with the Act or the Rules, the unit
will have thirty (30) calendar days after being notified by the Commission
to provide a revised compliant unit agreement or compliant amendment
to a unit agreement.
(m) At the time when only one unit member remains in
the unit, the designated agent will dissolve the unit within thirty
(30) calendar days or the Commission will dissolve the unit.
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| Source Note: The provisions of this §402.205 adopted to be effective November 19, 2008, 33 TexReg 9223; amended to be effective April 24, 2011, 36 TexReg 2386; amended to be effective September 13, 2012, 37 TexReg 7094; amended to be effective August 1, 2016, 41 TexReg 5505 |
